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civil procedure rules trespass nuisance and harassment

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  • civil procedure rules trespass nuisance and harassment

    Evening all.
    We have had over the years been accused of numerous acts by our neighbours, which resulted in a Police PIN for harassment being served on me, I challenged the PIN and eventually when the police looked there was no evidence to have issued it in the first place - they would not remove the PIN but instead offered to serve one on the neighbours, which I declined as I did not want to aggravate the situation.
    Anyway roll on a couple of years and allegations have kept coming our way, thankfully the police are wise to them now and just inform us of them and that there is no evidence so they won't be taking any action.
    Our way of dealing with it is to avoid them whenever possible - as there is no reasonable debate with them.
    In May of this year after another one of their unpredictable actions I challenged them - big mistake, I was videoed for a full on 35 minute rant, whenever I responded my reply was twisted against me. The police were called by them - again they have said I have nothing to worry about as he was the aggressor.
    Now his solicitor has sent a pre claim letter demanding that I detail all my defences to their allegations, I have refused and stated that I am not liable nor guilty of any acts and I have requested on several occasions that they need to evidence their claim. Nothing has been forthcoming. I even offered to look at mediation.
    Their response has been that mediation is a delaying tactic, well to be quite honest I want it to go to court asap, I am confident that there is no evidence, actually I have evidence of them undertaking the acts I am supposed to have carried out.
    Whilst I am happy to attend court I do not want to fall foul of any pre claim procedure failure on my behalf.
    Any constructive advice would be welcome.
    Regards and stay safe
    Tags: None

  • #2
    You had no obligations at this stage, you have set out your position and that’s all you can do. If they file a claim form then you’ll defend the claim.

    if they do claim I’d suggest registering on here and following the ‘First Steps’ guide.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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    • #3
      Thanks JAGUARSUK, I thought I was logged in when I created this post.
      I'll await their next move.
      Stay safe

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